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DateLine Tuesday, 27 January 2009

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Mayadunne declines appointment, SC told

The Supreme Court yesterday directed the Attorney General to inform the Speaker of Parliament to direct the list of the names proposed for the Constitutional Council for the President’s consideration for the formation of the Council, following the minority parties making their proposal.

The Supreme Court made this direction following Senior State Counsel Nerinpulle informing court that former Auditor General Gamini Mayadunne whose name was proposed by the minority parties of the Parliament for the Constitutional Council informing the Speaker that he did not want to be appointed as a member of the Constitutional Council.

The Supreme Court Bench comprised of Chief Justice Sarath N. Silva PC and Supreme Court Justice Shirani Thilakawardene and Supreme Court Justice K. Sri Pawan.

Lecturer of Economics of University of Peradeniya Sumanasiri Liyanage and Attorney-at-Law Ravi Jayawardene stated filing their fundamental rights petition that under the Seventeenth Amendment to the Constitution of Sri Lanka a Constitutional Council was formed but yet it had not been constituted. As a result the Independent Commissions cannot be appointed and their Fundamental rights violated by not appointing the Constitutional Council.

The Petitioners cited the Prime Minister, the Speaker of Parliament, Secretary to the President and others as respondents.

The petitioners pleaded the Supreme Court to make a declaration that their fundamental rights have been violated through the non appointment of the Constitutional Council.

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